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(영문) 대전지방법원 2014.08.26 2014고단2597

도로법위반

Text

The defendant shall be innocent.

Reasons

1. On December 23, 200, the Defendant is the owner of a truck A, and around December 16:25, 200, the Defendant violated the restriction on operation by loading a total weight of more than 45.1 tons with freight exceeding 40 tons at the front of the Ulsan Metropolitan Area, Ulsan Metropolitan Area, and operating the said vehicle.

2. The judgment prosecutor, applying Articles 86 and 83(1)2 of the former Road Act (amended by Act No. 4920 of Jan. 5, 1995, and by Act No. 7832 of Dec. 30, 2005), filed a public prosecution, and a fine of KRW 500,00 has become final and conclusive due to a summary order subject to review, but Article 86 of the same Act provides that "where an agent, employee, or other employee of a corporation commits an offense provided for in Article 83(1)2 in connection with the business of the corporation, the corporation shall also be punished by a fine provided for in the corresponding Article," the portion that "if the agent, employee, or other employee of the corporation commits an offense provided for in Article 83(1)2 of the same Act, the Constitutional Court shall be punished by a fine for negligence on Oct.

Therefore, the facts charged in this case constitute a crime, and thus, the defendant is acquitted under the former part of Article 325 of the Criminal Procedure Act.